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(영문) 서울고등법원 2015.05.08 2014노3657

범인은닉교사등

Text

The prosecutor's appeal is dismissed.

Reasons

Considering that the crime of harboring an offender against U in the grounds for appeal is an abstract dangerous crime that does not require any harm to the criminal justice of the State, if the criminal who conceals the offender intended to directly or indirectly provide the offender with his/her personal correspondence and clean up his/her personal correspondence, it shall be deemed that the criminal committed an act of harboring the offender, regardless of whether the principal offender was moving to his/her personal correspondence.

Therefore, since U’s act in this case is deemed to have reached an act of harboring a criminal, it is unlawful to determine that the lower court did not reach an act of harboring a criminal.

W An offender attempted to escape because the Defendant directly transferred I to his wife before the instant case.

The act of conveying letters to I to inform I of the investigation status of the prosecution, the status of affiliated companies, and the internal trends of L is an escape that differs from the previous crime.

W, even in the case of W, in M 2, which is the wife of Pyeongtaek I, the I was in charge of I's eating orders, and even when I is under flight, it was a person who was playing a role to escape I by attempting to escape I, such as eating and drinking, but only after receiving the order of the defendant in this case, he was in charge of his duties, such as informing I of information such as the investigation situation, etc.

Therefore, the defendant's act constitutes a crime of aiding and abetting the defendant to commit a new crime in W.

Although the court below judged otherwise and found the defendant not guilty, it is unlawful.

Judgment

It is also the principle of interpretation of judgment penal provisions concerning U's criminal concealment teacher part, and the establishment of criminal concealment crime does not require any result that obstructs the function of criminal justice, and it is possible to do so.